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Motor Fleet Insurance Your Policy Terms and Conditions January 2007 Edition WELCOME TO AXA Introducing AXA One of the world’s largest insurers With more than 50 million customers across the globe, AXA is one of the world’s largest financial services providers. We have a presence in over 50 countries, yet we pride ourselves on having a real understanding of local issues. Care, guidance & support – when you need it As one of the world leaders in financial protection and wealth management, we offer a wide range of insurance and financial products to meet your business and personal needs. Our commitment is to deliver our products with consistent care, guidance and support as and when you need it. We employ 110,000 people worldwide, and are the fifteenth largest company in the world by revenue (Fortune Global 500, 2006). AXA provides products that help people to get the best out of life. Our products and services include: Business Insurance, Home and Motor Insurance, Investments, Life Assurance, Retirement Planning, Long Term Care, Asset Management, Medical Insurance and Dental Payment Plans. AXA Insurance UK plc is authorised and regulated by the Financial Services Authority. This can be checked on the FSA’s website at www.fsa.gov.uk/register or by contacting them on 0845 606 1234. 2 Motor Fleet Insurance COnTEnTs Contents • Your Policy 4 • Important Helplines 5 • Definitions 6 • Guide to Your Policy Cover 8 • Section 1 – Legal Liability to Third Parties 9 • Section 2 – Loss of or Damage to Your Vehicle 11 • Section 3 – Indemnity to Principals 14 • Sections 4, 5 & 6 15 – Unauthorised Movement – Contingent Liability – Cross Liabilities • Section 7 – Trailers and Disabled Vehicles 16 • Sections 8 & 9 17 – Personal Injury to Your Driver – Medical Expenses • Sections 10, 11 & 12 18 – Personal Belongings – Service or Repair – Right of Recovery • Section 13 – Geographical Limits and 19 European Travel • Section 14 – AXA Insurance UK Assistance 20 • Section 15 – General Policy Exclusions 22 • Section 16 – General Policy Conditions 23 • Section 17 – Uninsured Loss Recovery 26 and Motor Prosecution Defence • Making Yourself Heard 29 3 YOUR POLICY Motor Fleet Insurance Your Policy The Company in consideration of the payment of the premium shall provide Insurance against loss, destruction, damage or liability occurring at any time during the Period of Insurance (or any subsequent period for which the Company accepts a renewal premium) in accordance with the operative Sections of the Policy as shown in the Schedule subject to the exclusions, provisions and conditions of the Policy plus any additional Endorsements shown on the Schedule. The Policy and the Schedule should be read together as one contract and the Proposal Form/Statement of Fact made by the Insured is the basis of the contract. Important The law applicable to this Policy We recommend You read this Policy You and we are free to choose the laws together with Your Schedule to ensure that it applicable to the policy. As we are based meets with Your requirements. Should You in England, we propose to apply the laws of have any queries please contact Us or Your England and Wales and by purchasing this Insurance Adviser. policy you have agreed to this. Your attention is drawn to the Complaints procedure (Making Yourself Heard) on Page 29. 4 Motor Fleet Insurance IMPORTAnT hELPLInEs Important Helplines UK Accident 0800 269 661 Our 24 hour emergency helpline service Recovery provides help when You most need it. See Section 14 Page 20 UK Emergency 0800 269 661 Our 24 hour emergency helpline service Breakdown provides help when You most need it. See Section 14 Page 20 Window and 0800 269 661 A quick and efficient repair/replacement Windscreen service is available 24 hours a day 365 days a Breakage year. Claims Contact 0870 900 0860 This will put you in contact with our Claims number - Department during office hours (9.00 am to Office Hours 5.00 pm) and out of hours message only service. In order to maintain a quality service, telephone calls may be monitored or recorded. 5 DEFInITIOns Motor Fleet Insurance Definitions Certain words in this Policy have special meanings. They are explained below. Accessories Insure, Insurance Any items permanently attached to Your Pay for legal liability, loss or damage as Vehicle which are not directly related to its defined in this Policy. function as a vehicle but form an integral Liability, Liable part of the Vehicle and are not designed to A legal responsibility to compensate others. operate independently. Market Value Certificate of Insurance The cost of replacing Your Vehicle with one A document showing that Your Policy meets of similar make, model and condition. the legal requirements for insuring motor vehicles (the Road Traffic Acts). Period of Insurance The period from the effective date up to and Claim or Accident including the expiry date as shown on Your An event which is insured under this Policy. Policy Schedule and Certificate of Insurance. Declaration Period Proposal/statement of Fact The intervals of time at which you must tell The Proposal/Statement of Fact You have Us of changes additions or deletions to the completed and signed and any other Schedule of Vehicles that You want us to information given to Us by You or on cover under this Policy. Your behalf. Endorsement Renewal A wording which changes the insurance in Extending the original period of insurance. the printed Policy. Replacement Windscreen Provider Excess Providers whose names and telephone The amount shown against the term Excess numbers appear in Our Assistance Services wherever used is the amount You must pay leaflet or whose names have been obtained towards the cost of repairs. from Our AXA Insurance Assistance Helpline. You should note that if more than one schedule of Your vehicles is involved in the same This is issued with Your Policy booklet and accident or loss any Excess which is shows details of Your Vehicles, the Premium, applicable will be applied to each vehicle as Policy cover and at each subsequent though separately insured. renewal confirming details of any Green Card Endorsements which apply. An international insurance certificate. Third Party You and We are the first and second parties to this contract. Anyone else is a Third Party. 6 Motor Fleet Insurance DEFInITIOns Vehicle Type Described by registration number or for a group of vehicles by the general type of vehicle concerned. No individual vehicle detail such as make or models are included. Vehicle type descriptions are, for example, • Private Cars • Goods Carrying Vehicles • Agricultural Vehicles • Special Type Vehicles • Mobile Plant Vehicles • Motor Cycles Each type of vehicle will have unique Cover, Use, Driving, Endorsement and Certificate arrangements which will be shown in the Schedule. We, Us, Our Refers to AXA Insurance UK plc except under Section 14 and Section 17. You, Your The person shown in the Schedule as the Policyholder. Your Vehicle(s) Any Vehicle Type described on the policy schedule or any other Vehicle Type details of which have been supplied to us in accordance with Your Declaration Period and for which a Certificate of Insurance is in effect. 7 GUIDE TO YOUR POLICY COVER Motor Fleet Insurance Guide to Your Policy Cover The Policy cover is shown by the Cover Code in the Schedule against the Vehicle Type or Individual Vehicle as is the Use Clause and Driving Limitations in force on the Certificate of Insurance and any Endorsements applicable. The Cover Code means: • A – Comprehensive All Sections of the Policy apply. • B – Third Party Fire and Theft All Sections of the Policy apply, except for Sections 8, 9 and 10. Section 2 only applies to loss or damage caused directly by fire, self-ignition, lightning, explosion, theft or attempted theft. • C – Third Party All Sections of the Policy apply except Sections 2, 8, 9 and 10. 8 * Motor Fleet Insurance sECTIOn 1 Section 1 – Legal Liability to Third Parties What the insurance covers Costs and Expenses We will Insure You against Your legal liability For any event where We provide Insurance resulting from any one accident involving under this Section, We will pay: Your Vehicle for: • solicitors’ fees to represent anyone • death of or bodily injury to anyone insured under this Section at a Coroners’ Inquest or Fatal Accident Inquiry; • damage to property which is limited to and We will not pay more than: • for the defence in any Court of Summary Jurisdiction; £20,000,000 for any one claim or number of claims arising out of one event if Your • (if You ask Us) the cost of legal services Vehicle is shown in the Schedule as a to defend a charge of manslaughter or Private Car causing death by reckless or dangerous driving; and £5,000,000 for any one claim or number of claims arising out of one event for any • any other costs and expenses which We other vehicle shown in the Schedule agree in writing. Vehicles which are insured Emergency Treatment • Your Vehicle(s) We will also pay for any Emergency Treatment fees required by the Road Traffic Acts. Who is insured under this section You and the following people are insured under this section: • Anyone allowed by the Certificate of Insurance to drive Your Vehicle. • Anyone, other than the driver, who, at Your request, is in, getting into, or out of Your Vehicle. If anyone insured under this Section dies, We will continue to provide Insurance for the estate of that person for any liabilities incurred that are covered by the Policy. 9 sECTIOn 1 Motor Fleet Insurance What is not covered t • o anyone other than You who can claim under any other policy. We will not provide Insurance under this section: t • o anyone who does not keep to the terms of this Policy as far as they i • f the person claiming knows that can apply. the driver at the time of the accident has never held a licence to drive the vehicle, or is disqualified from having such a licence, unless a licence to drive is not required by law. f • or death of or bodily injury to anyone which arises out of and is in the course of that person’s employment by the person claiming except where it is necessary to meet the requirements of the Road Traffic Acts. f • or loss of or damage to property owned by or in the care of the person claiming, or being carried in or on Your Vehicle. • for loss of or damage to Your Vehicle. f • or death, injury or damage caused or arising beyond the limits of any carriageway or thoroughfare in connection with the loading or unloading of Your Vehicle by anyone other than the driver or attendant of Your Vehicle. f • or death, injury or damage caused by or connected with property on which You have carried out any process of manufacture, construction, alteration, repair or treatment. f • or death, injury, or damage resulting from the explosion of any pressurised container which is part of plant attached to Your Vehicle, except so far as is necessary to satisfy the Road Traffic Acts. 10 Motor Fleet Insurance sECTIOn 2 Section 2 – Loss of or Damage to Your Vehicle What the Insurance covers Replacement Vehicle If Your Vehicle is lost or damaged We will We will if You and anyone else We know choose whether to repair it, replace it, or pay who has an interest in the vehicle agrees in cash the cost of the loss or damage. The replace Your Vehicle with a new one of the most We will pay is the Market Value of Your same make and model if one is available Vehicle and its attached accessories and provided that: spare parts at the time of the loss or damage. a) Your Vehicle is a Private Type car in Audio Visual Communication and the first year of registration from manufacture Guidance equipment or There is no limit applicable under this policy for b) Your Vehicle is a Commercial Vehicle any type of Audio Visual Communication and Guidance equipment that formed an integral with a Gross Vehicle Weight of 3.5 part of the vehicle at original manufacture. Tonnes or less and is in the first six months from manufacture We will only pay up to £1,000 after deduction of the Excess as shown on Your policy and was purchased and registered by You Schedule for any one claim for loss of or from new and is damage to permanently fitted audio visual • Lost by theft communication or guidance equipment that or was not fitted as a standard accessory to Your • Damaged and the cost of repairs exceed Vehicle at the time of the vehicle manufacture. 60% of the manufacturers list price We will not pay the costs for reinstating or (including VAT) at the time of the claim replacing data of any form that was held on or If a replacement vehicle of the same make stored by any equipment that may be covered and model is not available the most We will under this sub section. pay is the Market Value of Your Vehicle and Loss or Theft of Keys its factory fitted accessories and spare parts at the time of the loss or damage. We will in the event of Your Vehicle keys transmitters or security immobilisation Recovery and Redelivery keys transmitters being lost or stolen pay If Your Vehicle is disabled as the result of for replacing loss or damage insured under this Section • door and/or boot locks We will pay the reasonable costs of • ignition/steering locks • protection and removal to the nearest • lock transmitter and central locking interface repairers • immobilisation/alarm system • returning Your Vehicle to You after repair subject to a maximum payment of £500 for to any address You wish, provided the any one incident cost is no more than it would be if We delivered it to Your address shown in the Provided that You have reason to believe Schedule that the person who finds or has stolen such items would be able to identify the whereabouts of Your Vehicle This sub section of cover is not subject to Excess. 11 sECTIOn 2 Motor Fleet Insurance Your Contribution You do not have to pay these additional amounts for: Own Loss or Damage Excess You must pay the amount shown against • broken windows or windscreens including the word Excess on the policy schedule any resultant scratching to the paintwork towards each and every claim payable under providing there has been no other this Section of the policy but excluding any damage to Your Vehicle claims for broken windows or windscreens • if the loss or damage was caused whilst including any resultant scratching to the Your Vehicle was in the custody or control paintwork providing there is no other damage of a motor trader for repair or service. to Your vehicle. Broken windows and windscreens Young and inexperienced driver Excess In addition to any other amount You must You must pay the amount shown in the pay as shown elsewhere within this policy Windscreen Excess field stated on the or under any Endorsement attaching to this Policy Schedule towards every claim for policy You must also pay the following if replacement windows or windscreens. Your Vehicle is lost or damaged whilst being If the only damage to Your Vehicle is a driven by or in the custody or control of any broken window or windscreen, including person who features in the following table: any resulting scratched bodywork, We will not pay more than £100 towards each claim Age of Driver Amount You Pay unless the repair or replacement is carried Under 21 years old £250 out by a Replacement Windscreen Provider authorised by Us. 21 to 24 years old £150 At least 25 years old with a licence to drive the vehicle which is: • a provisional licence £150 • a full UK licence but held for £150 less than one year • a full EU licence but driver £150 has been resident in the UK for less than one year • a full International licence £150 12 Motor Fleet Insurance sECTIOn 2 What is not covered Unattended Vehicle Clause We will not pay for: We will not pay for loss or damage arising from the theft of or from Your Vehicle whilst • any depreciation in the Market Value of the ignition and or entry and or immobilisation Your Vehicle following its repair, the cost key(s) transmitter(s) or other device(s) have of which is the subject of a claim under been left in or on Your Vehicle. this Section; • loss of use of Your Vehicle; Date Recognition Exclusion Clause • depreciation; We will not pay for damage to or loss of any computer or other equipment, data • wear and tear; processing service product, microchip, micro • mechanical or electrical breakdowns, processor, integrated circuit, embedded chip failures or breakages; or similar device, computer software program or process, or any other electronic system • damage to tyres caused by braking, caused by failure to: punctures, cuts or bursts; • correctly recognise any date as its true • losing Your Vehicle through deception by calendar date. someone pretending to be a buyer or that person’s agent; • capture save or retain and/or correctly manipulate interpret or process any data • loss or damage caused during the seizure or information or command or instruction of Your Vehicle by the Police or anyone as a result of treating any date otherwise empowered to act on behalf of a Police than as its true calendar date. Authority; • capture save or retain or correctly process • loss or damage caused to Your Vehicle any data as a result of the operation whilst it is being held in the custody or of any command which has been control of any Police Authority or any programmed into any computer software other person acting in accordance with being a command which causes the loss direct instructions of any Police Authority. of data or the inability to capture save or retain or correctly to process such data. 13 sECTIOn 3 Motor Fleet Insurance Section 3 – Indemnity to Principals What the insurance covers What is not covered We will Insure You in the terms of Section 1 We will not provide Insurance under this of this Policy in respect of liability for which section – You are responsible under an agreement a • gainst claims arising out of with a Principal. agreements unless a claim would have been accepted in any case f • or bodily injury to the Principal for any amount for which You would not be liable in the absence of an agreement f • or death or bodily injury to any person in the employ of the Principal arising out of and in the course of that person’s employment by the person claiming f • or damage to property owned by, or in the care of the Principal for any sum exceeding the amount required to indemnify the Principal f • or death, injury or damage resulting from the negligence of any person other than You or Your employee t • o any person who does not comply with the terms of this policy as far as they can apply. 14 Motor Fleet Insurance sECTIOn 4, 5 & 6 Section 4 – Unauthorised Movement What the Insurance covers What is not covered We will Insure You in the terms of Section 1 We will not provide Insurance under this of this Policy section – • against legal liability arising as the result u • nless the person driving, or the of any accident involving any motor person in charge of the vehicle as the vehicle which does not belong to You, driver, is in Your employ and is not hired or loaned to You, which t • o any person who does not comply is being moved by You for the exclusive with the terms of this Policy as far as purpose of parking or to facilitate the they can apply passage of a vehicle insured by this policy • for loss or damage to any vehicle which is being moved. Section 5 – Contingent Liability What the Insurance covers What is not covered We will Insure You in the terms of Section We will not provide Insurance under 1 of this Policy when any motor vehicle, not this section if there is any other existing Your property and not provided by You, is insurance covering the same liability. being used in connection with Your business by any person in Your employ. Section 6 – Cross Liabilities What the insurance covers We will Insure You in the terms of Section 1 of this Policy, each Policyholder described in the Schedule in respect of any claim made by any of them against each other, as if the other was not insured under this Policy. 15 sECTIOn 7 Motor Fleet Insurance Section 7 – Trailers and Disabled Vehicles What the Insurance covers What is not covered We will Insure: We will not provide Insurance under this section • specified Trailers a trailer listed in an effective Schedule w • hen a trailer is attached to any (in the terms set out in that Schedule) vehicle other than Your Vehicle whether it is attached to Your Vehicle or i • f Your Vehicle is towing a greater is detached and not being used. number of trailers in all than is allowed • Unspecified Trailers by law a trailer, including any trailer type i • f Your Vehicle is towing a disabled Agricultural Implement or Machine not mechanically-propelled vehicle for hire specified in an effective Schedule, as if or reward it were part of Your Vehicle, but only while it is attached to Your Vehicle for f • or loss or damage to any disabled towing or operational purposes. mechanically-propelled vehicle • Disabled Vehicles f • or loss or damage to any property Your liability under Section 1 of this Policy being carried in or on any trailer or for a disabled mechanically-propelled disabled mechanically-propelled vehicle vehicle attached to Your Vehicle. f • or death, injury or damage because of operating any unspecified mobile plant trailer as a tool of trade (other than a trailer used for Agricultural and Forestry Purposes) except where it is necessary to meet the requirements of the Road Traffic Acts. 16 Motor Fleet Insurance sECTIOns 8 & 9 Section 8 – Personal Injury to Your Driver If Your driver is injured: We will not pay: • in direct connection with Your Vehicle then • if suicide, attempted suicide, alcoholism We will pay £2500 to Your driver or to or drug addiction contributes to or speeds Your driver’s estate, if within 3 months of up the injury or death; the accident, the injury is the sole cause • more than £2500 arising out of any one of: incident or during any one Period of • death; Insurance. • total and permanent loss of all sight in one or both eyes; or • total loss of one or more limbs by being cut off at, or above, the wrist or ankle. Section 9 – Medical Expenses If You, Your driver, or any person travelling in Your Vehicle are injured by a cause directly connected with Your Vehicle, We will pay up to £250 medical expenses for each person injured. 17 sECTIOns 10, 11 & 12 Motor Fleet Insurance Section 10 – Personal Belongings We will pay up to a total of £250 for any We will not pay for: one claim for loss of or damage to personal • money, stamps, tickets, documents belongings in or on Your Vehicle. or securities; If You wish, instead of paying You, We • goods or samples carried for any trade will pay the owner of the lost or damaged or business; property. A receipt from the owner will end Our liability. • theft of any property carried in an open-top or convertible vehicle unless in a locked boot or glove compartment; • property insured under any other policy Section 11 – Service or Repair When Your Vehicle is in the hands of a Motor Trader or Agricultural Engineer for service or repair, We will continue to provide Insurance under this Policy for Your benefit. For this purpose We will ignore the driving and use limitations in Your Certificate of Insurance. Section 12 – Right of Recovery The law of any country where this Policy is valid may mean We have to make payments which are not insured by this Policy. You are legally liable for them as the owner, keeper, user or driver of the vehicle concerned. You must pay Us back the amounts We pay in these circumstances. 18 Motor Fleet Insurance sECTIOn 13 Section 13 – Geographical Limits and European Travel Geographical Limits European Travel We will provide Insurance as set out in the If You are travelling within Europe but Policy, the Schedule and the Certificate of outside the territories listed within the Insurance in, or travelling between, Geographical Limits You will have to request Us to issue a Green Card to extend the • Great Britain, Northern Ireland, the Geographical Limits and full policy coverage Republic of Ireland, the Isle of Man and of the policy. The provision of this cover will the Channel Islands and/or be at Our discretion and maybe subject to an • Any other member country of the additional premium. European Union and/or European Assistance • Iceland, Norway and Switzerland If You wish to take advantage of a European Whilst Your Certificate of Motor Insurance is Assistance package provided by AXA sufficient evidence of cover within the above Assistance You will need to request this Geographical Limits We will if requested cover which is provide free of charge prior to provide You with a Green Card which will be Your departure date. Full details of the cover issued free of charge. will be provided upon request. Automatic Minimum Cover Customs Duty In addition to proving cover within the Geographical Limits mentioned above this We will pay any Customs Duty that arises policy also provides the necessary cover as the direct result of any loss or damage to meet the laws on compulsory insurance insured by this Policy. of motor vehicles in any country which the Commission of the European Communities Notice of intended travel is satisfied has made arrangements to We would also ask you to give Us at least 14 meet the requirements of Article 7 (2) of EC days notice of Your need for a Green Card. Directive relation to civil liabilities arising out of the use of a motor vehicle. If however the road traffic laws of Great Britain are wider than the minimum cover of the EU Member State where the incident occurred then the Great Britain level of cover will be provided. 19 sECTIOn 14 Motor Fleet Insurance Section 14 – AXA Insurance UK Assistance THE EXPRESSIONS WE/US/OUR Accident Recovery IN THIS SECTION MEAN If Your Vehicle is immobilised following a ‘INTER PARTNER ASSISTANCE’. motor accident anywhere in the UK, We will Breakdown Referral Service arrange and pay for: Following mechanical breakdown of Your • the cost of transporting Your Vehicle and Vehicle anywhere in the UK, we will arrange passengers at your request: – to Your home or intended immediate • for the attendance of a vehicle recovery destination in the UK at the time of the specialist to provide roadside repairs accident and/or for recovery of Your Vehicle or and passengers to the nearest suitable garage or destination – to the nearest suitable repairer or to an AXA Insurance Approved Repairer • for You to complete Your journey by nominated by You providing a replacement hire car or taxi or alternative overnight accommodation and/or • for up to two telephone messages to • the hire of a suitable and equivalent be forwarded to explain Your delay or vehicle for up to 24 hours. cancellation of journey We will tell You in advance of the level of charges required by the breakdown operator, although the exact cost for completing the work cannot be calculated in advance. It is important that You are aware that You are responsible for the payment directly to the recovery operator and to other suppliers for their costs and fees for goods or services supplied. 20 Motor Fleet Insurance sECTIOn 14 Exclusions Conditions We will not be liable: You must obtain Our prior approval and • for vehicles immersed in mud, snow, sand consent before expenses are incurred. or water You must be in attendance at Your Vehicle • for the cost of any parts, lubricants, fluids at the estimated time We advise that or fuel required to restore Your Vehicle’s assistance can be expected. mobility You are responsible for the safety of the • for any liability or consequential loss contents of Your Vehicle. resulting from any act performed in the execution of the assistance services provided • for any claim while Your Vehicle – – is carrying more passengers or towing a greater weight than for which it was designed as stated in the manufacturers specifications or in any event is carrying more than 8 persons – is being driven unreasonably or on unsuitable terrain • for any expenses You would normally have incurred during the journey • for any accident brought about by an avoidable, wilful and deliberate act committed by You • if Your Vehicle – has not been regularly serviced in accordance with the manufacturers instructions – is unroadworthy at the start of the journey – is not a private car, estate car, land rover type vehicle, motorised caravan, light van, mini bus, trailer caravan or trailer of a proprietary make – exceeds 3.5 tonnes Gross Vehicle Weight 21 sECTIOn 15 Motor Fleet Insurance Section 15 – General Policy Exclusions We will not Insure You for claims arising out This will not apply if You can prove that the of agreements unless a claim would have claim was not caused by any of these events. been accepted in any case. We will not Insure You for claims arising We will not Insure You for claims while any under Section 1 of this Policy while any vehicle insured by this Policy is being: vehicle Insured by this Policy is being used in the parts of any airport or aerodrome to 1) used for any purpose that the Certificate which aircraft have access. of Motor Insurance does not allow; We will not Insure You for claims arising 2) driven by someone not allowed to drive from or because of: by the Certificate of Motor Insurance. • ionising radiation or contamination by 3) driven by You if You do not hold a licence radioactivity from any irradiated nuclear to drive the vehicle or You are disqualified fuel or from any nuclear waste from from having such a licence; burning nuclear fuel; 4) driven with Your permission by someone • the radioactive, toxic, explosive or other who You know does not hold a licence to hazardous properties of any nuclear drive the vehicle unless that person has assembly or its nuclear parts. held a licence and is not disqualified from getting one; We will not insure You in respect of operational risks whilst Your Vehicle is being used as a 5) used in any rally or competition or motor tool of trade except in so far as to meet the trial or on any race track for the purposes requirements of the Road Traffic Acts unless of racing or time trials whether or not as otherwise stated on Your policy Schedule part of an organised competitive event Exclusions (1) and (2) will not apply and Terrorism Exclusion We will insure You if the claim arises We will not Insure You under Section 1 of the because the Vehicle was stolen or taken Policy for any loss of or damage to property without Your permission. or any consequential loss or legal liability Exclusions (3) and (4) will not apply when directly or indirectly caused by contributed a licence to drive is not required by law. to by or arising from terrorism or any action taken in controlling preventing suppressing or We will not Insure You for claims for any in any way relating to terrorism. consequence of war, invasion, act of foreign enemies, hostilities (whether war has However, we will provide the minimum cover been declared or not), civil war, rebellion, You need under the Road Traffic Act. revolution, insurrection, military coup or seized For the purpose of this Exclusion, ‘terrorism’ power, except where it is necessary to meet means an act or acts (whether threatened the requirements of the Road Traffic Acts. or actual) of any person or persons involving Apart from Section 1, We will not Insure You the causing or occasioning or threatening of for claims arising during or because of: harm or whatever means made or claimed to be made in whole or in part for political • earthquake anywhere other than in Great religious ideological or similar purposes. Britain, the Isle of Man or the Channel Islands; or • riot or civil commotion anywhere other than in Great Britain, the Isle of Man or the Channel Islands. 22 Motor Fleet Insurance sECTIOn 16 Section 16 – General Policy Conditions Claims We have the right, if We agree to settle such a claim in cash, to keep the damaged vehicle. You or Your legal personal representatives must write to Us as soon as possible after an We will need to delay any payment for a accident, giving full details. reasonable period to find out how likely it is to get the vehicle back if it is stolen or missing. If You receive any letter, claim, writ, summons or process, You must sent it to Us immediately. Other Insurance You must write to Us as soon as You know If there is any other insurance which covers about any intended prosecution, Coroner’s any claim under this Policy (except for claims Inquest or Fatal Accident Inquiry connected under Section 8) We will only pay Our share with an accident. towards the claim. People, including You, who are claiming This condition does not include any claim under this Policy, must not make any which would be rejected under Section 1 of admission, offer, payment or promise without this Policy if the person claiming (except You) Our written permission. is insured under another Policy. If We wish, We can take over and manage in Your name or the name of the person Arbitration claiming, the defence, prosecution or If there is any dispute about the amount to settlement of any claim for Our own benefit. be paid under this Policy, the matter will be referred to an arbitrator chosen by You and by We have full discretion over managing Us under the legal rules governing arbitration. proceedings and settling claims. This will not happen if the claim in question is: You or anyone else claiming must give Us all the help and information possible. • under Section 8 of this Policy; or Repairs to Your Vehicle • disputed for a reason other than the amount to be paid. If the damage to Your Vehicle is insured The arbitrator must decide that You are right by this Policy then to allow Us to authorise before You can take legal action against Us. repairs as quickly as possible You should: • telephone Us or Your Insurance Adviser to Care of Your Vehicle provide full details of the claim; You must take all reasonable steps to keep Your Vehicle from being lost or damaged. • take Your Vehicle to an Approved Repairer (We will advise You of their address) or if You must maintain it in an efficient and the vehicle is not able to be driven We will roadworthy condition and We must be able to arrange for it to be moved to their premises. inspect it at any time Declaration Basis Fraud Your Schedule will tell You when You have to tell If a claim be in any respect fraudulent or if Us of changes, additions or deletions of vehicles. any fraudulent means or devices be used by If any of Your Vehicles have been issued with the Insured or anyone acting on the Insureds Certificates bearing the individual registration behalf to obtain any benefit under this Policy number, You must tell Us immediately if those or if any loss or damage be occasioned by vehicles are changed or deleted. the Insureds wilful act or with the Insureds Irrespective of the Declaration period connivance all benefit under this Policy shall specified on the Schedule You are legally be forfeited. obliged to ensure that the Motor Insurance Database is updated immediately of any Cash Payments changes, additions or deletions of vehicles. If We decide to settle a claim for loss of or You will have been provided with instructions damage to Your Vehicle in cash We will pay it and a password if You are expected to notify to the legal owner of the vehicle. the database Yourself directly. 23 sECTIOn 16 Motor Fleet Insurance In addition You must provide Us with details during the current Period of Insurance We will of the vehicles that You will wish Us to insure retain an amount of premium in accordance at each renewal anniversary date. with the following scale for the time You have been on cover and refund the balance to You Failure to make a Declaration In the event of a claim if You have failed to scale of charges advise Us of the existence of the vehicle a) within the first period of insurance which you are claiming indemnity for under this policy within the agreed declaration number of months Percentage of period we reserve the right to refuse to meet or part thereof Annual Premium the cost of such a claim. Charged 1 month 25% Cancelling Your Policy 2 months 35% Your statutory Cancellation Rights 3 months 45% You may cancel this Policy during the 14 days 4 months 55% from receipt of the Policy documents (new 5 months 65% business) or for a renewal, the conclusion 6 months 70% of renewal negotiations or receipt of revised 7 months 75% 8 months 80% Policy documents (whichever is later) by giving 9 months 85% notice in writing during this period and returning 10 months 90% all effective Certificates of Insurance to Your Insurance Adviser at the address shown in If the period on cover exceeds 10 months their correspondence or to the AXA Insurance no refund in premium is due address shown on Your Policy Schedule. b) all subsequent periods of insurance There is no refund of premium if the Policy is We will retain an amount of premium in the subject of a total loss claim. However in direct proportion to the period of time that all other cases We will retain an amount of the policy was in force premium in proportion to the time You have been on cover subject to a minimum premium If a claim payment has been made or a claim of £10 and refund the balance to You has been submitted or there has been an incident likely to give rise to a claim during the In the event of a total loss if You are paying current Period of Insurance no refund for the by instalments You will either have to continue unexpired portion of the Policy will be given with the instalment payments until the Policy renewal date or We may at Our discretion Our Rights to Cancel deduct the outstanding instalments due from We shall not be bound to accept any renewal any claim payment due to be made of this Policy We may at any time give 21 days notice of cancellation by recorded Your Cancellation Rights Outside The delivery to Your last known address statutory Period You may cancel this Policy at any time by In the case of Policyholders based in Northern providing prior written notice and returning Ireland a copy of the letter will be sent to the all effective Certificates of Insurance to Your Department of Environment for Northern Ireland Insurance Adviser at the address shown in Thereupon if You return all effective their correspondence or to the AXA Insurance Certificates of Insurance to Us You will address shown on Your Policy Schedule be entitled to a partial refund of premium Provided that there have been in accordance with the scale of charges as shown under Your Cancellation Rights • no claims made under the Policy for Outside The Statutory Period subject to a which We have made a payment minimum premium of £10 • no claim made under the Policy which is If a claim payment has been made or a claim still under consideration has been submitted or there has been an • no incident likely to give rise to a claim incident likely to give rise to a claim during but is yet to be reported to Us the current Period of Insurance We reserve the right not to refund any premium for the unexpired portion of the Policy 24 Motor Fleet Insurance sECTIOn 16 This termination will be without prejudice Keeping to Conditions to any rights or claims of the Insured or the Company prior to the expiration of the We will not provide insurance under this cancellation notice Policy unless You have: In the event of non payment of the Premium • kept to all the terms and Endorsements in this Policy will be regarded as being the Policy; and cancelled from the date when payment was • completed a Proposal form or Statement due or the default date where premium is of Fact to the best of Your knowledge paid by instalments. If there are any claims and belief and You have not deliberately payments due We may at Our discretion withheld any information that would be deduct the outstanding instalments due from considered a material fact. any claim payment due to be made Motor Insurance Database (MID) Instalments Your policy details will be added to the Motor If the premium on this Policy is payable by Insurance Database (MID) run by the Motor the Company’s Budget Plan and You do not Insurers Information Centre (MIIC). This may pay each instalment on the due date all cover be consulted by: under the Policy is cancelled automatically from the date such instalment was due or a) the Police for the purposes of establishing where statute requires the giving of prior notice whether a driver’s use of the vehicle is likely the day following the expiry of such notice. to be covered by a motor insurance policy and/or for preventing and detecting crime Upon receipt of this notice You must return to Us Your current effective Certificate b) other UK insurers the Motor Insurers’ of Insurance. Bureau and MIIC may search the MID to ascertain relevant policy information if If the premium on this Policy is payable by You have been involved in an accident in the Company’s Budget Plan and during the the UK or abroad current Period of Insurance: c) the DVLA and DVLNI for the purposes of • a claim has been made under the Policy Electronic Vehicle Licensing for which We have made a payment d) Persons pursuing a claim in respect of a • a claim has been made under the Policy motor traffic accident (including citizens of which is still under consideration other countries) may also obtain relevant • an incident has occurred which is likely information which is held on the MID to give rise to a claim but is yet to be You should show this notice to anyone insured reported to Us to drive the vehicle(s) under this Policy. the annual premium remains due in full. In You can find out more about the Motor such case monthly collections must continue Insurance Database and it’s use by or a one off payment agreed to settle the contacting AXA or at www.miic.org.uk outstanding amount. Failure to maintain the Motor Insurance Where a one off payment is not made to Database settle the outstanding amount You must If You are advised by Us that it is Your continue with the instalment payments. responsibility to maintain Your Vehicle Alternatively We may deduct any outstanding details on the Motor Insurance Database instalments from any claim payment that may (MID) then you should update the MID be due to You or payable on Your behalf. immediately upon any changes additions Any instalments payments legitimately taken or deletions to Your Vehicle schedule. The prior to the notification of cancellation of impact upon You for failing to maintain Your the budget agreement will be retained. Any Vehicle schedule on the MID is that you may refund of premium will be in respect of any be liable for a fine of up to £5,000 for failing subsequent collections taken between the to comply with a Road Traffic Act obligation. time of notification and cancellation. 25 sECTIOn 17 Motor Fleet Insurance Section 17 – Uninsured Loss Recovery and Motor Prosecution Defence This policy includes access to Lawphone What is covered to give advice, 24 hours a day, 365 days a Uninsured Loss Recovery year, on any commercial legal matter. We may record the calls to protect You. We will pay the costs of taking any legal action as a result of any road accident which Phone: 0870 241 4140 causes the following: (scotland: 0141 221 8878) • Your death or bodily injury while You are When You call Lawphone quote 34035. You in, on or getting into or out of Your Vehicle will then be asked for a brief summary of the problem and these details will be passed on • Damage to Your Vehicle to an adviser who will return Your call. • Damage to property which You own or All claims will be handled by Lawclub Legal are legally responsible for and which is in Protection on Our behalf. or on Your Vehicle. The terms We/Us/Our under this Section Motor Prosecution Defence refers to Lawclub Legal Protection. We will pay the costs of defending Your legal Legal Representative rights (including making an appeal against Your conviction or sentence) after any event The solicitor or other person appointed with which results in criminal proceedings being Our agreement under this policy to represent brought against You for an offence relating to You and protect Your interests. Your owning or using Your Vehicle. Costs We will provide this cover as long as: Under this Policy We will pay the following. • The claim is not covered under any other • The professional fees and expenses section of this policy reasonably and properly charged by the • The event happened within the territorial Legal Representative, up to the standard limit and within the period of Insurance rates set by the courts. • The claim will be decided by a court within • Your opponent’s costs which You are the territorial limit ordered to pay by a court or tribunal. • There is in Our view a reasonable chance The most We will pay for all claims arising of a successful defence recovering out of any one event is £50,000. damages or getting any other remedy. Territorial Limit For uninsured loss recovery, the territorial limit is Great Britain, Northern Ireland, the Channel Islands, the Isle of Man, Andorra, Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Gibraltar, Greece, Hungary, Italy, Liechtenstein, Luxembourg, Monaco, the Netherlands, Norway, Poland, Portugal, the Republic of Ireland, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland and Turkey. For motor prosecution defence, the territorial limit is Great Britain, Northern Ireland, the Channel Islands and the Isle of Man. 26 Motor Fleet Insurance sECTIOn 17 What is not covered • part or all of Your affairs, assets or property are in the care or control of a We will not provide cover for the following. receiver or a liquidator; or 1. Any claim arising out of a contract You • there is an administration order over have with another person or organisation. Your affairs, assets or property. 2. A claim for an event which is also covered 18. Where You knowingly and materially under section 1 or 2 of this policy. mislead Us or the Legal Representative, 3. A claim for an event which is not covered or fail to pass important information to Us under Your current motor insurance or the Legal Representative in connection policy. with the policy or any claim made under this policy. In such circumstances We 4. A claim where Your Vehicle is being used may also reclaim any money paid out for racing, rallies or competitions. under this endorsement from You under 5. Disputes between You and Us. any relevant claim. 6. Any fines, penalties or compensation awards. 19. An application for a judicial review. 7. Any application for a judicial review. Conditions 8. Disputes or claims arising from the If You do not keep to the conditions We will deliberate, conscious, intentional or have the right to cancel the policy, refuse any careless disregard by You of the need to claim and withdraw from any current claims. take all reasonable steps to avoid, prevent 1 You must do the following. and limit any such dispute or claim. a Give Us written details of Your claim 9. Costs We have not agreed to in writing. along with any other supporting 10. Any costs covered by another insurance information We ask for. policy. b Make Your claim within six months of 11. Costs You have paid directly to the Legal the date of the event which gave rise Representative or any other person to the dispute. without Our permission. c Follow the Legal Representative’s 12.Disputes between You and Us. advice and provide any information he or she asks for. 13.Any VAT which You can recover from elsewhere. d Take every step to recover costs and pay them to Us. 14.Parking offences for which You do not get points on Your licence. e Get Our written permission before making an appeal. 15.Driving while under the influence of drink or drugs. f Make sure that the Legal Representative keeps to condition 16.Driving without insurance. 2 below. 17.Any claim while: 2 The Legal Representative must do • You are insolvent (or have committed the following. an act of insolvency); a Get Our written permission before • You have made an arrangement with instructing a barrister or expert witness. the people You owe money to; b Tell Us if, at any stage, there is • You have entered into a deed or no longer a reasonable chance of arrangement; a successful defence, recovering • You are in liquidation; damages or getting any other remedy. 27 sECTIOn 17 Motor Fleet Insurance c Tell Us immediately if the other party We may decide not to accept Your choice. makes a payment into court or any If You and We do not agree with Your offer to settle the matter. choice of Legal Representative, the matter will be settled using the procedure as set d Report the result of the claim to Us out under condition 6. when it is finished. When choosing the Legal Representative, 3 We will have the right to do You must remember Your duty to keep the following: the cost of any legal proceedings as low a Take over and conduct, in Your name, as possible. any claim or proceedings. 6 Disputes b Settle a claim by paying the amount If there is a dispute between You and Us, in dispute. the matter may be referred to an arbitrator, c Appoint the Legal Representative, in who You and We agree to. If We and You Your name, and on Your behalf. cannot agree on an arbitrator, the President of the Law Society or the Chairman of the d Have any legal bill audited or assessed. Bar Council will choose one. e Contact the Legal Representative Whoever loses the arbitration must pay at any time, and have access to all all the costs involved. If the decision is not statements, opinions, reports and any clearly made against either You or Us, the other information to do with Your claim. arbitrator will decide how You and We will f End Your cover if, during the course of share the costs. the claim, We think there is no longer a 7 Withdrawal reasonable chance of success. If You continue the claim and get a better We will end Your cover and get any costs settlement than We expected, We will back from You that We have paid if: pay Your reasonable costs which You • the Legal Representative reasonably cannot get back from anywhere else. refuses to go on acting for You g At the end of the claim, settle the because of any unreasonable act or costs covered by this policy if those omission on Your part that is likely to costs cannot be recovered from harm Your case; or anywhere else. • You unreasonably withdraw Your claim 4 Your agreements with others from the Legal Representative; or We will not be bound to any agreement • You withdraw from the claim without between You and the Legal Representative Our agreement. or You and any other person or 8 notices organisation. Every notice which needs to be given 5 Choosing the Legal Representative under this policy must be given in writing. At any time before We agree that legal If You give Us notice, You must send it to proceedings need to be issued, We will Our address. If We give You notice, We choose the Legal Representative. You must send it to Your last known address. can only choose the Legal Representative 9 Law and language of this policy if We agree that legal proceedings need to be issued or if a conflict of interest This policy is subject to the laws of arises which means that the Legal England and Wales. We will communicate Representative cannot act for You. with You in English You must send his or her name and address to Us. 28 Motor Fleet Insurance MAkInG YOURsELF hEARD Making Yourself Heard If You have cause for complaint, it is important You know We are committed to providing You with an exceptional level of service and customer care. We realise that things can go wrong and there may be occasions when You feel that We have not provided the service You expected. When this happens, We want to hear about it so We can try to put things right. Who to contact If B, You need to contact whoever is currently dealing with Your claim and state The most important factors in getting Your Your complaint. complaint dealt with as quickly and efficiently as possible are: In either case, if You wish to provide written details, the following checklist • to be sure You are talking to the right has been prepared for You to use when person, and; drafting Your letter. • that You are giving them the • Head Your letter ‘COMPLAINT’ right information. • Give Your full name, post code and When You contact Us contact telephone number(s) • Please give Us Your name and a contact • Quote the type of Policy and Your Policy telephone number and/or claim number • Please quote Your Policy and/or claim • Advise the name of Your insurance number, and the type of Policy You hold agent/firm (if applicable) • Please explain clearly and concisely the • Explain clearly and concisely the reason for Your complaint reason(s) for Your complaint so We begin by establishing Your first The letter should be sent to the person point of contact. dealing with Your complaint along with any Step One - initiating other material required. Your complaint We expect that the majority of complaints will be quickly and satisfactorily resolved at this Does Your complaint relate to: stage, but if You are not satisfied, You can A: Your Policy? take the issue further. B: a claim on Your Policy? If A, You need to contact the agent or AXA office who sold You Your Policy. Call the number on Your Policy document and state Your complaint. 29 MAkInG YOURsELF hEARD Motor Fleet Insurance Step Two - if You are still unhappy Step Four - beyond AXA Should the response You receive be If We have given You Our final response and unsatisfactory please contact Us using the You are still dissatisfied You may refer Your relevant details below. case to the Financial Ombudsman Service (FOS). The FOS is an independent body Does Your complaint relate to: that arbitrates on complaints about general A: Your Policy insurance products. It will only consider complaints if: B: a claim on Your Policy? • We have provided You with written If A, ask to speak to the Branch Manager. confirmation that Our internal complaints Where they cannot assist they will ensure procedure has been exhausted You are put into contact with the person who can resolve Your complaint. • Your Business has a turnover of less than £1,000,000 If B, please contact the relevant Claims Office, details of which You will have The FOS can be contacted at: received following notifying Us of Your claim. Financial Ombudsman Service Step Three - contacting AXA South Quay Plaza Insurance Head Office 183 Marsh Wall London If Your complaint is one of the few that E14 9SR cannot be resolved by this stage write to the Head of Customer Care who will arrange Tel: 0845 080 1800 for an investigation on behalf of the Chief Fax: 020 7964 1001 Executive: Referral to the FOS will not affect Your right Head of Customer Care to take legal action against Us. AXA Insurance Our promise to You Civic Drive • Acknowledge written complaints promptly Ipswich Suffolk • Investigate quickly and thoroughly IP1 2AN • Keep You informed of progress Tel: 01473 205926 • Do everything possible to resolve Your Fax: 01473 205101 complaint Email: email@example.com • Learn from Our mistakes • Use information from complaints to continuously improve Our service To help Us improve Our service, we may record or monitor telephone calls. 30 Motor Fleet Insurance MAkInG YOURsELF hEARD Financial Service Compensation Financial Services Authority Scheme (FSCS) Regulation AXA Insurance is covered by the FSCS, AXA Insurance UK plc is authorised and which is triggered when an authorised firm regulated by the Financial Services Authority. goes out of business. In this unlikely event This can be checked on the FSA’s website you may be entitled to compensation from at www.fsa.gov.uk/register or by contacting the scheme. them on 0845 606 1234. • Compulsory insurance is covered in full. • Non compulsory insurance is protected in full for the first £2,000 and 90% of any amount above the threshold. Full details are available at www.fscs.org.uk 31 AXA is a world leader in wealth management and financial protection. We operate in over 50 countries and serve more than 50 million customers worldwide. We cater to a wide range of needs, providing guidance to our individual and corporate customers on a variety of financial products and services. In addition to Business, Motor and Home Insurance we also offer Investments, Life Assurance, Retirement Planning, Long Term Care, Asset Management, Medical Insurance and Dental Payment Plans. With our expertise and commitment to customer service and consistent, quality care, you can rely on aXa for lasting security. ask about aXa’s eXcellent range oF busIness, HoMe and Motor Insurance Products www.axa.co.uk WMO247R/P (10/06) (13899) AXA Insurance Uk plc Registered in England No 78950. Registered Office: 5 Old Broad Street, London EC2N 1AD A member of the AXA Group of Companies. AXA Insurance UK plc is authorised and regulated by the Financial Services Authority. In order to maintain a quality service, telephone calls may be monitored or recorded.
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